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L. Other Information. Employer or Plan Administrator (including a designee) shall comply with all requests for information made by MEDSURETY reasonably necessary for MEDSURETY to fulfill its duties under this Agreement and for MEDSURETY to bill Employer for its services hereunder. Any documentation received by Employer or Plan Administrator (including a designee) that should have been provided to MEDSURETY shall be promptly forwarded to MEDSURETY. Such documentation includes, but is not limited to, claim forms. M. Legal Obligations. Employer or Plan Administrator shall possess ultimate responsibility and authority for the operation of the Plans and for their compliance with all applicable laws and regulations pursuant to the provisions of the Plans. V. Records & Information A. Maintenance and Access. MEDSURETY and Plan Administrator shall maintain adequate records relating to the terms and operation of the Plans for at least the Plan year to which the records relate and for an eight (8) year period thereafter. Each party shall have access to the records relating to the Plans maintained by the other party during normal business hours and upon reasonable notice and request and subject to applicable laws and regulations. The parties shall maintain the confidentiality of any information relating to Covered Individuals and the Plans in accordance with applicable laws and regulations. At the conclusion of the period for which records are required to be kept under this provision and prior to any modification, destruction or disposal of any records, MEDSURETY shall provide Plan Administrator an opportunity to review the records and obtain copies of any such records. All costs associated with such inspection and copying of records will be paid by Plan Administrator. B. Record Use. MEDSURETY, Employer, and Plan Administrator agree that the medical records, names, addresses, telephone numbers, Social Security numbers and other personal information relating to Covered Individuals, which MEDSURETY may obtain as a result of performing administrative services may be collected, maintained and used by MEDSURETY and Plan Administrator as necessary to administer the Plans. MEDSURETY and Plan Administrator may use Participant specific and individually identifiable information as necessary to properly administer the Plans, to defend any claim related to the Plans or the provision of services under this Agreement, or as otherwise may be permitted by state or federal law. All parties agree that such information shall be considered confidential and protected as required under applicable law. C. Confidential Business Information. MEDSURETY, Employer, and Plan Administrator shall each take all necessary steps to protect the other part confidential business information. Such information shall not be disclosed to third parties without the express written consent of the other parties unless required by law or court order. D. Use of MEDSURETYonfidential and Proprietary Information. The parties agree that MEDSURETY procedures and/or documentation involved in the optimization of employee benefit programs and in achieving of enhanced participation and results. Employer and Plan Administrator agree not to use this information other than for the specific purposes of carrying out the terms of this Agreement, and shall disclose it only to its officers, directors, employees or contractors with a specific need to know. The Employer acknowledges that MEDSURETY and its agents are the sole copyright owners of all administrative guides and forms and all other materials provided under the terms of this Agreement and that such materials are proprietary to MEDSURETY. MEDSURETY grants the Employer a nonexclusive, nontransferable right to copy such materials provided such copies are needed for the sole purpose of collecting and reporting information regarding Participants or notifying Participants of information regarding the Plan(s). Other MEDSURETY, LLC 7 Administration Agreement (Non-ERISA) Exhibit Business Associate Agreement